Employer's liability personal injury claims
The following should be used as a guideline when deciding whether your employer is at fault:
Your employer has a responsibility and duty of care to protect their employees as well as any contractors and visitors from accidents and injuries
Employers must provide their employees with the appropriate machinery and tools to allow them to undertake their jobs safely
Employers must also make sure that all tools and machinery are maintained to a safe condition and all safeguards are working correctly
Your employer must ensure the workplace is kept in a safe and tidy condition. This means employers should ensure their employees are provided with suitable workstations and chairs where applicable. Doors, gates and emergency exits should never be obstructed, and all corridors, floors and carpets should be free from hazards
All employers should ensure their employees are provided with the correct and appropriate training for their jobs and should receive training on how to lift heavy objects and operate machinery where necessary
Employers should ensure their employees are provided with all and any appropriate safety gear. This may include ear defenders, goggles, coveralls, dust masks, safety gloves and boots and high-visibility jackets
If your employer fails to ensure your safety by not following any of the outlined procedures and you are injured as a result, you could be eligible for employer’s liability compensation claim. If you are injured whilst at work, there is no need to worry about losing your job by making a compensation claim as your employer is legally obliged to have worker compensation insurance. This means the compensation will come out of their insurance policy rather than their own pocket. Throughout the employer’s liability claims procedure, we will be at your side and ensure you are kept up to date. If you want to bring an employer’s liability claim against your place of work after an accident, that was not your fault, then contact our personal injury solicitors on 01616 966 229.
Employer’s liability claims FAQS
What is worker compensation insurance?
All employers are required to have comprehensive worker compensation insurance also known as Employment Liability Insurance, to protect themselves and their employees in the event of an accident at work. Worker compensation insurance pays for any compensation claims, meaning in the event of an accident and where a claim is filed, the insurance policy pays the compensation ensuring the employer does not have to pay for it personally or through company funds.
What if my employer has gone bankrupt?
As long as your employer was insured at the time of the incident, the worker compensation insurance policy will still cover a compensation claim, even if they are no longer in business. In some instances employers must pay an excess, i.e. the first part of any claim to a specified amount. If your employer has gone bankrupt this amount would be unlikely to be paid.
What happens if I am injured at work?
If you are injured at work, and the incident was not your fault, contact us as soon as possible. A claim will have to be made against your employer who will then pass this on to their insurance provider. Their insurance provider will no doubt do everything they can to try and to (not and) avoid paying out and will often ignore a claim unless a solicitor is involved. This is why it is so important to contact our specialist accident at work solicitors. We have years of experience in dealing with accident at work claims, especially where it comes to employer’s liability insurance claims.
Why should I claim?
An accident at work compensation claim helps pay for any loss of earnings you may have experienced if you were unable to work due to your injuries as well as any medical treatments you may need as a result. It also helps pave the way for new safety measures to be introduced, potentially saving others from injury as your employer will then be required to take the appropriate steps to ensure an accident does not happen again.
How to prove your employer’s liability claim?
As with any legal case, we will need to prove that your employer was negligent or they breached their duty of care and this led to your accident. The type of proof needed will depend on each case. However, we do this by finding evidence that the working environment did not adhere to minimum health and safety regulations, or you were not provided with adequate training, personal protective clothing or a risk assessment was not carried correctly.
We will also have to need to prove ‘medical causation’ which means we will have to prove that your injuries, loss and damage has been caused by your workplace accident. This is generally done by obtaining a report from a suitable medical expert.
Can I be fired for making a personal injury claim against my employer?
Your employer cannot dismiss you for making a claim, so there is no need to worry about losing your job should you be able to return to work. If you are facing problems at work due to your compensation claim, speak to our employment lawyers.
For expert advice on accident at work compensation claims or to speak to an expert about employer liability contact the specialist accident at work compensation claim solicitors at Stephensons on 01616 966 229. We’re here to help and your best interests are at the heart of everything we do.